Code of Criminal Procedure, 1973

1. CODE OF CRIMINAL PROCEDURE, 1973
NO.2 of 1974
[25thJanuary, 1974.]
An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by
Parliament in the Twenty-fourth Year of the Republic of India as follows: -
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement. –
(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this Code, other than those relating to Chapters
VIII, X and XI thereof, shall not apply-
(i) to the State of Nagaland,
(ii) to the tribal areas,
(3) It shall come into force on the 1st day of April 1974.
but the concerned State Government may, by notification, apply such provisions or any of them to
the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such
supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation - In this section, "tribal areas" means the territories, which immediately before the
21st day of January 1972 were included in the tribal areas of Assam, as referred to in paragraph
20 of the Sixth Schedule to the Constitution, other than those within the local limits of the
municipality of Shillong.
2. Definitions - In this Code, unless the context otherwise requires, -
(1) "bailable offence" means an offence which is shown as bailable in the First
Schedule, or which is made bailable by any other law for the time being in force;
and "non-bailable offence" means any other offence;
(2) "charge" includes any head of charge when the charge contains more heads
than one;

2. (3) "cognizable offence" means an offence for which, and "cognizable case" means
a case in which, a police officer may, in accordance with the First Schedule or
under any other law for the time being in force, arrest without warrant;
(4) "complaint" means any allegation made orally or in writing to a Magistrate, with
a view to his taking action under this Code, that some person, whether known
or unknown, has committed an offence, but does not include a police report.
Explanation - A report made by a police officer in a case, which discloses, after
investigation, the commission of a non-cognizable offence shall be deemed to be a complaint;
and the police officer by whom such report is made shall be deemed to be the complainant;
(5) "High Court" means, -
(a) in relation to any State, the High Court for that State;
(b) in relation to a Union territory to which the jurisdiction of the High Court for
a State has been extended by law, that High Court;
(c) in relation to any other Union territory, the highest Court of criminal appeal
for that territory other than the Supreme Court of India;
(6) "Indian" means the territories to which this Code extends;
(7) "inquiry" means every inquiry, other than a trial, conducted under this Code by a
Magistrate or Court;
(8) "investigation" includes all the proceedings under this Code for the collection of
evidence conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf;
(9) "judicial proceeding" includes any proceeding in the course of which evidence is
or may be legally taken on oath;
(10) "local jurisdiction", in relation to a Court or Magistrate, means the local area
within which the Court or Magistrate may exercise all or any of its or his powers
under this Code;
(11) "metropolitan area" means the area declared, or deemed to be declared, under
section 8, to be a metropolitan area;
(12) "non-cognizable offence" means an offence for which, and "non-cognizable
case" means a case in which, a police officer has no authority to arrest without
warrant;
(13) ”notification" means a notification published in the Official Gazette;
(14) "offence" means any act or omission made punishable by any law for the time
being in force and includes any act in respect of which a complaint may be
made under section 20 of the Cattle-trespass Act, 1871( 1 of 1871);

3. (15) "officer in charge of a police station" includes, when the officer in charge of the
police station is absent from the station-house or unable from illness or other
cause to perform his duties, the police officer present at the station-house who
is next in rank to such officer and is above the rank of constable or, when the
State Government so directs, any other police officer so present;
(16) "place" includes a house, building, tent, vehicle and vessel;
(17) "pleader", when used with reference to any proceeding in any Court, means a
person authorized by or under any law for the time being in force, to practise in
such Court, and includes any other person appointed with the permission of the
Court to act in such proceeding;
(18) "police report" means a report forwarded by a police officer to a Magistrate
under
sub-section (2) of section 173;
(19) "police report" means a report forwarded by a police officer or specially by the
State
Government, to be a police station, and includes any local area specified by the
State Government in this behalf;
(20) "prescribed" means prescribed by rules made under this Code;
(21) "Public Prosecutor" means any person appointed under section 24, and
includes any person acting under the directions of a Public Prosecutor;
(22) "sub-division" means a sub-division of a district;
(23) "summons-case" means a case relating to an offence, and not being a warrant-case;
(24) ”warrant-case" means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years;
(25) Words and expressions used herein and not defined but defined in the Indian
Penal Code (45 of 1860) have the meanings respectively assigned to them in
that Code.
3. Construction of references. –
(1) In this Code, -
(a) any reference, without any qualifying words, to a Magistrate, shall be
construed, unless the context otherwise requires, -
(i) in relation to an area outside a metropolitan area, as a reference
to a Judicial Magistrate;

4. (ii) in relation to a metropolitan area, as a reference to a
Metropolitan Magistrate;
(b) any reference to a Magistrate of the second class shall, in relation to an
area outside a metropolitan area, be construed as a reference to a
Judicial Magistrate of the second class, and, in relation to a metropolitan
area, as a reference to a Metropolitan Magistrate;
(c) any reference to a Magistrate of the first class shall, -
(i) in relation to a metropolitan area, be construed as a reference to
a Metropolitan Magistrate exercising jurisdiction in that area,
(ii) in relation to any other area, be construed as a reference to a
Judicial Magistrate of the first class exercising jurisdiction in that
area;
(d) any reference to the Chief Judicial Magistrate shall, in relation to a
metropolitan area, be construed as a reference to the Chief Metropolitan
Magistrate exercising jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, any reference to the Court
of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as
a reference to the Court of the Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any enactment passed
before the commencement of this Code, -
(a) to a Magistrate of the first class, shall be construed as a reference to a
Judicial Magistrate of the first class;
(b) to a Magistrate of the second class or of the third class, shall be
construed as a reference to a Judicial Magistrate of the second class;
(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be
construed as a reference, respectively, to a Metropolitan Magistrate or
the Chief Metropolitan Magistrate;
(d) to any area which is included in a metropolitan area, as a reference to
such metropolitan area, and any reference to a Magistrate of the first
class or of the second class in relation to such area, shall be construed
as reference to the Metropolitan Magistrate exercising jurisdiction in such
area.
(4) Where, under any law, other than this Code, the function exercisable by a
Magistrate relate to matters-
(a) which involve the appreciation or sifting of evidence or the formulation of
any decision which exposes any person to any punishment or penalty or
detention in custody pending investigation, inquiry or trial or would have

5. the effect of sending him for trial before any Court, they shall, subject to
the provisions of this Code, be exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a
licence, the suspension or cancellation of a licence, sanctioning a
prosecution or withdrawing from a prosecution, they shall, subject as
aforesaid, be exercisable by an Executive Magistrate.
4. Trial of offences under the Indian Penal Code and other laws. –
(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated,
inquired into, tried, and otherwise dealt with according to the provisions
hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and
otherwise dealt with according to the same provisions, but subject to any
enactment for the time being in force regulating the manner or place of
investigating, inquiring into, trying or otherwise dealing with such offences.
5. Saving - Nothing contained in this Code shall, in the absence of a specific provision to
the contrary, affect any special or local law for the time being in force, or any special jurisdiction
or power conferred, or any special form of procedure prescribed, by any other law for the time
being in force.

6. CHAPTER - II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
1. Classes of Criminal Courts - Besides the High Courts and the Courts constituted under any
law, other than this Code, there shall be, in every State, the following classes of Criminal
Courts, namely:
(1) Courts of Session;
(2) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan
Magistrates;
(3) Judicial Magistrates of the second class; and
(4) Executive Magistrates.
2. Territorial divisions -
(1) Every State shall be a sessions division or shall consist of sessions divisions; and
every sessions division shall, for the purposes of this Code, be a district or consist
of districts:
Provided that every metropolitan area shall, for the said purposes, be a separate
sessions division and district.
(2) The State Government may, after consultation with the High Court, alter the limits or
the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any
district into sub-divisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the
commencement of this Code, shall be deemed to have been formed under this
section.
3. Metropolitan areas –
(1) The State Government may, by notification, declare that , as from such date as may
be specified in the notification, any area in the State comprising a city or town
whose population exceeds one million shall be a metropolitan area for the purposes
of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay,
Calcutta and Madras and the city of Ahmedabad shall be deemed to declare under
sub-section (1) to be a metropolitan area.

7. (3) The State Government may, by notification, extend, reduce or alter the limits of a
metropolitan area but the reduction or alteration shall not be so made as to reduce
the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a
metropolitan area, the population of such area falls below one million, such area
shall, on and from such date as the State Government may, by notification, specify
in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any
inquiry, trial or appeal pending immediately before such cesser before any Court or
Magistrate in such area shall continue to be dealt with under this Code, as if such
cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of
any metropolitan area, such reduction or alteration shall not affect any inquiry, trial
or appeal pending immediately before such reduction or alteration before any Court
or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with
under this Code as if such reduction or alteration had not taken place.
Explanation - In this section, the expression "population" means the population as
ascertained at the last preceding census of which the relevant figures have been published.
4. Court of Session –
(1) The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the
High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant
Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court
to be also an Additional Sessions Judge of another division, and in such case he
may sit for the disposal of cases at such place or places in the other division as the
High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make
arrangements for the disposal of any urgent application which is, or may be, made
or pending before such Court of Session by an Additional or Assistant Sessions
Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial
Magistrate, in the sessions division; and every such Judge or Magistrate shall have
jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the
High Court may, by notification, specify; but, if, in any particular case, the Court of

8. Session is of opinion that it will tend to the general convenience of the parties and
witnesses to hold its sittings at any other place in the sessions division, it may, with
the consent of the prosecution and the accused, sit at that place for the disposal of
the case or the examination of any witness or witnesses therein.
Explanation - For the purposes of this Code, "appointment" does not include the first
appointment, posting or promotion of a person by the Government to any Service, or post in
connection with the affairs of the Union or of a State, where under any law, such appointment,
posting or promotion is required to be made by Government.
5. Subordination of Assistant Sessions Judges –
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose
Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this Code,
as to the distribution of business among such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal of any urgent
application, in the event of his absence or inability to act, by an Additional or
Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge,
by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be
deemed to have jurisdiction to deal with any such application.
6. Courts of Judicial Magistrates –
(1) In every district (not being a metropolitan area), there shall be established as many
Courts of Judicial Magistrates of the first class and of the second class, and at such
places, as the State Government may, after consultation with the High Court, by
notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer
the powers of a Judicial Magistrate of the first class or of the second class on any
member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
7. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc –
(1) In every district (not being a metropolitan area), the High Court shall appoint a
Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an
Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the
powers of a Chief Judicial Magistrate under this Code or under any other law for the
time being in force as the High Court may direct.

9. (3)
(a) The High Court may designate any Judicial Magistrate of the first class in any
sub-division as the Sub-divisional Judicial Magistrate and relieve him of the
responsibilities specified in this section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional
Judicial Magistrate shall also have and exercise, such powers of
supervision and control over the work of the Judicial Magistrates (other than
Additional Chief Judicial Magistrates) in the sub-division as the High Court
may, by general or special order, specify in this behalf.
8. Special Judicial Magistrates –
(1) The High Court may, if requested by the Central or State Government so to do,
confer upon any person who holds or has held any post under the Government, all
or any of the powers conferred or conferrable by or under this Code on a Judicial
Magistrate of the second class, in respect to particular cases or to particular classes
of cases or to cases generally, in any district, not being a metropolitan area:
Provided that no such power shall be conferred on a person unless he possesses such
qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be
appointed for such term, not exceeding one year at a time, as the High Court may,
by general or special order, direct.
9. Local jurisdiction of Judicial Magistrates –
(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from
time to time, define the local limits of the areas within which the Magistrates
appointed under section 11 or under section 13 may exercise all or any of the
powers with which they may respectively be invested under this Code.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of
every such Magistrate shall extend throughout the district.
10. Subordination of Judicial Magistrates –
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and
every other Judicial Magistrate shall, subject to the general control of the Sessions
Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special
orders, consistent with this Code, as to the distribution of business among the
Judicial Magistrates subordinate to him.

10. 11. Courts of Metropolitan Magistrates –
(1) In every metropolitan area, there shall be established as many Courts of
MetropolitanMagistrates, and at such places, as the State Government may, after
consultation with the High Court, by notification, specify
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend
throughout the metropolitan area.
12. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates –
(1) The High Court shall, in relation to every metropolitan area within its local
jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan
Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief
Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of
a Chief Metropolitan Magistrate under this Code or under any other law for the time
being in force as the High Court may direct.
13. Special Metropolitan Magistrates –
(1) The High Court may, if requested by the Central or State Government so to do,
confer upon any person who holds or has held any post under the Government, all
or any of the powers conferred or conferrable by or under this Code on a
Metropolitan Magistrate, in respect to particular cases or to particular classes of
cases or to cases generally, in any metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such
qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be
appointed for such term, not exceeding one year at a time, as the High Court may,
by general or special order, direct.
(3) Notwithstanding anything contained elsewhere in this Code, a Special Metropolitan
Magistrate shall not impose a sentence, which a Judicial Magistrate of the second
class is not competent to impose outside the Metropolitan area.
14. Subordination of Metropolitan Magistrates –
(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan
Magistrate shall be subordinate to the Sessions Judge; and every other
Metropolitan Magistrate shall, subject to the general control of the Sessions Judge,
be subordinate to the Chief Metropolitan Magistrate.

11. (2) The High Court may, for the purposes of this Code, define the extent of the
subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief
Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give
special orders, consistent with this Code, as to the distribution of business among
the Metropolitan Magistrates and as to the allocation of business to an Additional
Chief Metropolitan Magistrate.
15. Executive Magistrates –
(1) In every district and in every metropolitan area, the State Government may appoint
as many persons as it thinks fit to be Executive Magistrates and shall appoint one of
them to be the District Magistrate
(2) The State Government may appoint any Executive Magistrate to be an Additional
district Magistrate, and such Magistrate shall have all or any of the powers of a
District Magistrate under this Code or under any other law for the time being in
force.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant,
any officer succeeds temporarily to the executive administration of the district, such
officer shall, pending the orders of the State Government, exercise all the powers
and perform all the duties respectively conferred and imposed by this Code on the
District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division
and may relieve him of the charge as occasion requires; and the Magistrate
so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
(5) Nothing in this section shall preclude the State Government from conferring, under
any law for the time being in force, on a Commissioner of Police, all or any of the
powers of an Executive Magistrate in relation to a metropolitan area.
16. Special Executive Magistrates –
The State Government may appoint, for such term as it may think fit, Executive
Magistrates, to be known as Special Executive Magistrates for particular areas or for the
performance of particular functions and confer on such Special Executive Magistrates such of
the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit.
17. Local jurisdiction of Executive Magistrates –
(1) Subject to the control of the State Government, the District Magistrate may, from
time to time, define the local limits of the areas within which the Executive
Magistrates may exercise all or any of the powers with which they may be invested
under this Code.

12. (2) Except as otherwise provided by such definition, the jurisdiction and powers of
every such Magistrate shall extend throughout the district.
18. Subordination of Executive Magistrates –
(1) All Executive Magistrates, other than the Additional District Magistrate, shall be
subordinate to the District Magistrate, and every Executive Magistrate (other than
the Sub-divisional Magistrate) exercising powers in a sub-division shall also be
subordinate to the Sub-divisional Magistrate, subject, however, to the general
control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders,
consistent with this Code, as to the distribution of business among the Executive
Magistrates subordinate to him and as to the allocation of business to an Additional
District Magistrate.
19. Public Prosecutors –
(1) For every High Court, the Central Government or the State Government shall, after
consultation with the High Court, appoint a Public Prosecutor for conducting, in such
Court, any prosecution, appeal or other proceeding on behalf of the Central or State
Government, as the case may be.
(2) For every district the State Government shall appoint a Public Prosecutor and may
also appoint one or more Additional Public Prosecutors for the district.
(3) The District Magistrate shall, in consultation with the Sessions Judge, prepare a
panel of names of persons who, in his opinion, are fit to be appointed as the Public
Prosecutor or Additional Public Prosecutor for the district.
(4) No person, shall be appointed by the State Government as the Public Prosecutor or
Additional Public Prosecutor for the district unless his name appears on the panel of
names prepared by the District Magistrate under sub-section (3).
(5) A person shall only be eligible to be appointed as a Public Prosecutor or an
Additional Public Prosecutor under sub-section (1) or sub-section (2), if he has been
in practice as an advocate for not less than seven years.
(6) The Central Government or the State Government may appoint, for the purposes of
any case or class of cases, an advocate who has been in practice for not less than
ten years, as a Special Public Prosecutor
20. Assistant Public Prosecutors –
(1) The State Government shall appoint in every district one or more Assistant Public
Prosecutors for conducting prosecutions in the Courts of Magistrates.
(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to
be appointed as an Assistant Public Prosecutor.

13. (3) Where no Assistant Public Prosecutor is available for the purposes of any particular
case, the District Magistrate may appoint any other person to be the Assistant
Public Prosecutor in charge of that case:
Provided that a police officer shall not be so appointed-
(a) if he has taken any part in the investigation into the offence with respect
to which the accused is being prosecuted; or
(b) if he is below the rank of Inspector.

14. CHAPTER III
POWER OF COURTS
1. Courts by which offences are triable – Subject to the other provisions of this Code
(a) any offence under the Indian Penal Code (45 of 1860) may be tried by –
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First Schedule
to be triable;
(b) any offence under any other law shall, when any Court is mentioned in this
behalf in such law, be tried by such Court and when no Court is so
mentioned, may be tried by-
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First Schedule
to be triable.
2. Jurisdiction in the case of juveniles –
Any offence not punishable with death or imprisonment for life, committed by any
person who at the date when he appears or is brought before the Court is under the age of
sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court
specially empowered under the Children Act, 1960,(60 of 1960) or any other law for the time
being in force providing for the treatment, training and rehabilitation of youthful offenders.
3. Sentences which High Courts and Sessions Judges may pass –
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised
by law; but any sentence of death passed by any such Judge shall be subject to
confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a
sentence of death or of imprisonment for life or of imprisonment for a term
exceeding ten years.
4. Sentences which Magistrates may pass –
(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment for a term
exceeding seven years.

15. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for
a term not exceeding three years, or of fine not exceeding five thousand rupees, or
of both.
(3) The Court of a Magistrate of the second class may pass a sentence of
imprisonment for a term not exceeding one year, or of fine not exceeding one
thousand rupees, or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a
Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the
Court of a Magistrate of the first class.
5. 30.Sentence of imprisonment in default of fine
- (1) The Court of a Magistrate may award such term of imprisonment in default of payment of
fine as is authorised by law:
Provided that the term-
(a) is not in excess of the powers of the Magistrate under section 29;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence,
exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict
as punishment for the offence otherwise than as imprisonment in default of payment of
the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive
sentence of imprisonment for the maximum term awardable by the Magistrate under section
6. Sentence in cases of conviction of several offences at one trial.-
(1) When a person is convicted at one trial of two or more offences, the Court may, subject
to the provisions of section 71 of the Indian Penal Code,(45 of 1860) sentence him for such
offences, to the several punishments prescribed therefor which such Court is competent to
inflict; such punishments when consisting of imprisonment to commence the one after the
expiration of the other in such order as the Court may direct, unless the Court directs that
such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason
only of the aggregate punishment for the several offences being in excess of the punishment
which it is competent to inflict on conviction of a single offence, to send the offender for trial
before a higher Court: provided that-

16. (a) in no case shall such person be sentenced to imprisonment for a longer period than
fourteen years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the
Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive
sentences passed against him under this section shall be deemed to be a single sentence.
32.Mode of conferring powers.- (1) In conferring powers under this Code, the High Court or
the State Government, as the case may be, may, by order, empower persons specially by
name or in virtue of their offices or classes of officials generally by their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person
so empowered.
33.Powers of officers appointed.- Whenever any person holding an office in the service of
Government who has been invested by the High Court or the State Government with any
powers under this Code throughout any local area is appointed to an equal or higher office of
the same nature, within a like local area under the same State Government, he shall, unless
the High Court or the State Government, as the case may be, otherwise directs, or has
otherwise directed, exercise the same powers in the local area in which he is so appointed.
34.Withdrawal of powers.- (1) The High Court or the State Government, as the case may be,
may withdraw all or any of the powers conferred by it under this Code on any person or by
any officer subordinate to it.
(2) Any powers, conferred by the Chief Judicial Magistrate or by the District Magistrate may
be withdrawn by the respective Magistrate by whom, such powers were conferred.
35.Powers of Judges and Magistrates exercisable by their successors-in-office.- (1) Subject
to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be
exercised or performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant
Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall,
for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the
successor-in-office of such Additional or Assistant Sessions Judge.

17. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief
Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in
writing the Magistrate who shall, for the purpose of this Code or of any proceedings or order
thereunder, be deemed to be the successor-in-office of such Magistrate.CHAPTER IV
A. - POWERS OF SUPERIOR OFFICERS OF POLICE
36.Powers of superior officers of police. - Police officers superior in rank to an officer in
charge of a police station may exercise the same powers, throughout the local area to which
they are appointed, as may be exercised by such officer within the limits of his station.
B. -AID TO THE MAGISTRATES AND THE POLICE
37.Public when to assist Magistrates and police. - Every person is bound to assist a
Magistrate or police officer reasonably demanding his aid-
(a) in the taking or preventing the escape of any other person whom such Magistrate or
police officer is authorised to arrest; or
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph
or public property.
38.Aid to person, other than police officer, executing warrant.- When a warrant is directed to
a person other than a police officer, any other person may aid in the execution of such
warrant, if the person to whom the warrant is directed be near at hand and acting in the
execution of the warrant.
39.Public to give information of certain offences.- (1) Every person, aware of the commission
of , or of the intention of any other person to commit, any offence punishable under any of the
following sections of the Indian Penal
Code, (45 of 1860) namely: -
(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against
the State specified in Chapter VI of the said Code);

18. (ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public
tranquility specified in Chapter VIII of the said Code);
(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal
gratification);
(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of
food and drugs, etc.);
(v) sections 302, 303 and 304 (that is to say, offences affecting life);
(vi) section 382 (that is to say, offence of theft after preparation made for causing death,
hurt or restraint in order to the committing of the theft);
(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of
robbery and dacoity);
(viii) section 409 (that is to say, offence relating to criminal breach of trust by public
servant, etc.);
(ix) sections 431 to 439, both inclusive (that is to say, offences of mischief against
property);
(x) sections 449 and 450 (that is to say, offence of house-trespass);
(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house-trespass);
and
(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency
notes and bank notes),
shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie
upon the person so aware, forthwith give information to the nearest Magistrate or police
officer of such commission or intention.
(2) For the purposes of this section, the term "offence" includes any act committed at any
place out of India, which would constitute an offence if committed in India.
40.Duty of officers employed in connection with the affairs of a village to make certain report.-
(1) Every officer employed in connection with the affairs of a village and every person
residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in
charge of the nearest police station, whichever is nearer, any information which he may
possess respecting-
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen
property in or near such village;

19. (b) the resort to any place within, or the passage through, such village of any person whom
he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed
offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable
offence or any offence punishable under section 143, section 144, section 145, section
147, or section 148 of the Indian Penal Code(45 of 1860);
(d) the occurrence in or near such village of any sudden or unnatural death or of any death
under suspicious circumstances or the discovery in or near such village of any corpse or
part of a corpse, in circumstances which lead to a reasonable suspicion that such a death
has occurred or the disappearance from such village of any person in circumstances
which lead to a reasonable suspicion that a non-bailable offence has been committed in
respect of such person;
(e) the commission of, or intention to commit, at any place out of India near such village any
act which, if committed in India, would be an offence punishable under any of the
following sections of the Indian Penal Code,(45 of 1860) namely, 231 to 238 (both
inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460
(both inclusive), 489A, 489B, 489C and 489D;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the
safety of person or property respecting which the District Magistrate, by general or
special order made with the previous sanction of the State Government, has directed him
to communicate information.
(2) In this section, -
(i) "village" includes village-lands;
(ii) the expression "proclaimed offender" includes any person proclaimed as an offender by
any Court or authority in any territory in India to which this Code does not extend, in respect
of any act which if committed in the territories to which this Code extends, would be an
offence punishable under any of the following sections of the Indian Penal Code,(45 of 1860)
namely, 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460
(both inclusive);
(i) the words "officer employed in connection with the affairs of the village" means a
member of the panchayat of the village and includes the headman and every officer
or other person appointed to perform any function connected with the administration
of the village.

20. CHAPTER V
ARREST OF PERSONS
41. When police may arrest without warrant.- (1) Any police officer may without an
order from a Magistrate and without a warrant, arrest any person-
(a) Who has been concerned in any cognizable offence, or against whom a
reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been so
concerned; or
(b) Who has in his possession without lawful excuse, the burden of proving
which excuse shall lie on such person, any implement of house-breaking;
or
(c) Who has been proclaimed as an offender either under this Code or by
order of the State Government; or
(d) in whose possession anything is found which may reasonably be
suspected to be stolen property and who may reasonably be suspected
of having committed an offence with reference to such thing; or
(e) Who obstructs a police officer while in the execution of his duty, or who
has escaped, or attempts to escape, from lawful custody; or
(f) who is reasonably suspected of being a deserter from any of the Armed
Forces of the Union; or
(g) Who has been concerned in, or against whom a reasonable complaint
has been made, or credible information has been received, or a
reasonable suspicion exists, of his having been concerned in, any act
committed at any place out of India which, if committed in India, would
have been punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be apprehended or detained
in custody in India; or
(h) Who, being a released convict, commits a breach of any rule made
under sub-section (5) of section 356; or
(I) for whose arrest any requisition, whether written or oral, has
been received from another police officer, provided that the
requisition specifies the person to be arrested and the
offence or other cause for which the arrest is to be made and

21. it appears therefrom that the person might lawfully be
arrested without a warrant by the officer who issued the
requisition.
(II) Any officer in charge of a police station may, in like manner,
arrest or cause to be arrested any person, belonging to one
or more of the categories of persons specified in section 109
or section 110.
42.Arrest on refusal to give name and residence.- (1) When any person who, in the presence of a
police officer, has committed or has been accused of committing a non-cognizable offence
refuses, on demand of such officer, to give his name and residence or gives a name or residence
which such officer has reason to believe to be false, he may be arrested by such officer in order
that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be
released on his executing a bond, with or without sureties, to appear before a Magistrate if so
required:
Provided that, if such person is not resident in India, a surety or sureties resident in India shall
secure the bond.
(4) (3) Should the true name and residence of such person not be ascertained within twenty-four
hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish
sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
43.Arrest by Private person and procedure on such arrest.- (1) Any private person may arrest or
cause to be arrested any person who in his presence commits a non-bailable and cognizable
offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to
be made over any person so arrested to a police officer, or, in the absence of a police officer,
take such person or cause him to be taken in custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a
police officer shall re-arrest him.
(1) If there is reason to believe that he has committed a non-cognizable offence, and he
refuses on the demand of a police officer to give his name and residence, or gives a
name or residence which such officer has reason to believe to be false, he shall be dealt
with under the provisions of section 42; but if there is no sufficient reason to believe that
he has committed any offence, he shall be at once released.

22. 44.Arrest by Magistrate.- (1) When any offence is committed in the presence of a Magistrate,
whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any
person to arrest the offender, and may thereupon, subject to the provisions herein contained
as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest,
in his presence, within his local jurisdiction, of any person for whose arrest he is
competent at the time and in the circumstances to issue a warrant.
45.Protection of members of the Armed Forces from arrest.- (1) Notwithstanding anything
contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union
shall be arrested for anything done or purported to be done by him in the discharge of his
official duties except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1)
shall apply to such class or category of the members of the Force charged with the
maintenance of public order as may be specified therein, wherever they may be serving, and
thereupon the provisions of that sub-section shall apply as if for the expression "Central
Government" occurring therein, the expression "State Government" were substituted.
46.Arrest how made.- (1) In making an arrest the police officer or other person making the
same shall actually touch or confine the body of the person to be arrested, unless there be a
submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest,
such police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of
an offence punishable with death or with imprisonment for life.
47.Search of place entered by person sought to be arrested.- (1) If any person acting under a
warrant of arrest, or any police officer having authority to arrest, has reason to believe that
the person to be arrested has entered into, or is within, any place, any person residing in, or
being in charge of, such place shall, on demand of such person acting as aforesaid or such
police officer, allow him free ingress thereto, and afford all reasonable facilities for a search

23. therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any
case for a person acting under a warrant and in any case in which a warrant may issue, but
cannot be obtained without affording the person to be arrested an opportunity of escape, for a
police officer to enter such place and search therein, and in order to effect an entrance into
such place, to break open any outer or inner door or window of any house or place, whether
that of the person to be arrested or of any other person, if after notification of his authority
and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance;
Provided that, if any such place is an apartment in the actual occupancy of a female (not
being the person to be arrested) who, according to custom, does not appear in public, such
person or police officer shall, before entering such apartment, give notice to such female that
she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and
may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer
or inner door or window of any house or place in order to liberate himself or any other
person who, having lawfully entered for the purpose of making an arrest, is detained
therein.
48.Pursuit of offenders into other jurisdictions.- A police officer may, for the purpose of
arresting without warrant any person whom he is authorised to arrest, pursue such
person into any place in India.
49.No unnecessary restraint.- The Person arrested shall not be subjected to more restraint
than is necessary to prevent his escape.
50.Person arrested to be informed of grounds of arrest and of right to bail.- (1) Every police
officer or other person arresting any person without warrant shall forthwith communicate to
him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of
a non-bailable offence, he shall inform the person arrested that he is entitled to be released
on bail and that he may arrange for sureties on his behalf.

24. 51.Search of arrested person.- (1) Whenever a person is arrested by a police officer under a
warrant which does not provide for the taking of bail, or under a warrant which provides for
the taking of bail but the person arrested cannot furnish bail, and whenever a person is
arrested without warrant, or by a private person under a warrant, and cannot legally be
admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is
made by a private person, the police officer to whom he makes over the person arrested,
may search such person, and place in safe custody all articles, other, than necessary
wearing-apparel, found upon him and where any article is seized from the arrested person, a
receipt showing the articles taken in possession by the police officer shall be given to such
person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by
another female with strict regard to decency.
52.Power to seize offensive weapons.-The officer or other person making any arrest under
this Code may take from the person arrested any offensive weapons which he has about his
person, and shall deliver all weapons so taken to the Court or officer before which or whom
the officer or person making the arrest is required by this Code to produce the person
arrested.
53.Examination of accused by medical practitioner at the request of police officer.- (1) When
a person is arrested on a charge of committing an offence of such a nature and alleged to
have been committed under such circumstances that there are reasonable grounds for
believing that an examination of his person will afford evidence as to the commission of an
offence, it shall be lawful for a registered medical practitioner, acting at the request of a police
officer not below the rank of sub-inspector, and for any person acting in good faith in his aid
and under his direction, to make such an examination of the person arrested as is reasonably
necessary in order to ascertain the facts which may afford such evidence, and to use such
force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination
shall be made only by, or under the supervision of, a female registered medical practitioner.
Explanation.- In this section and in section 54, "registered medical practitioner" means a
medical practitioner who possesses any recognized medical qualification as defined in clause
(h) of section 2 of the Indian Medical Council Act, 1956,(102 of 1956) and whose name has
been entered in a State Medical Register.

25. 54.Examination of arrested person by medical practitioner at the request of the arrested
person.- When a person who is arrested, whether on a charge or otherwise, alleges, at the
time when he is produced before a Magistrate or at any time during the period of his
detention in custody that the examination of his body will afford evidence which will disprove
the commission by him of any offence or which will establish the commission by any other
person of any offence against his body, the Magistrate shall, if requested by the arrested
person so to do direct the examination of the body of such person by a registered medical
practitioner unless the Magistrate considers that the request is made for the purpose of
vexation or delay or for defeating the ends of justice.
55.Procedure when police officer deputes subordinate to arrest without warrant.- (1) When
any officer in charge of a police station or any police officer making an investigation under
Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than
in his presence) any person who may lawfully be arrested without a warrant, he shall deliver
to the officer required to make the arrest an order in writing, specifying the person to be
arrested and the offence or other cause for which the arrest is to be made and the officer so
required shall, before making the arrest, notify to the person to be arrested the substance of
the order and, if so required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person
under section 41.
56.Person arrested to be taken before Magistrate or officer in charge of police station.- A
police officer making an arrest without warrant shall, without unnecessary delay and subject
to the provisions herein contained as to bail, take or send the person arrested before a
Magistrate having jurisdiction in the case, or before the officer in charge of a police station.
57.Person arrested not to be detained more than twenty-four hours.- No police officer shall
detail in custody a person arrested without warrant for a longer period than under all the
circumstances of the case is reasonable, and such period shall not, in the absence of a
special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the
time necessary for the journey from the place of arrest to the Magistrate's Court.
58.Police to report apprehensions.- Officers in charge of police stations shall report to the
District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all

26. persons arrested without warrant, within the limits of their respective stations, whether such
persons have been admitted to bail or otherwise.
59.Discharge of person apprehended.- No person who has been arrested by a police officer
shall be discharged except on his own bond, or on bail, or under the special order of a
Magistrate.
60.Power, on escape, to pursue and retake.-(1) If a person in lawful custody escapes or is
rescued, the person from whose custody he escaped or was rescued may immediately
pursue and arrest him in any place in India.
(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the
person making any such arrest is not acting under a warrant and is not a police officer having
authority to arrest.
CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.- Summons
61.Form of summons.- Every summons issued by a Court under this Code shall be in writing,
in duplicate, signed by the presiding officer of such Court or by such other officer as the High
Court may, from time to time, by rule direct, and shall bear the seal of the Court.
62.Summons how served.- (1) Every summons shall be served by a police officer, or subject
to such rules as the State Government may make in this behalf, by an officer of the Court
issuing it or other public servant.
(2) The summons shall, if practicable, be served personally on the person summoned, by
delivering or tendering to him one of the duplicates of the summons.
(3) Every person on whom a summons is so served shall, if so required by the serving officer,
sign a receipt therefor on the back of the other duplicate.
63.Service of summons on corporate bodies and societies.- Service of a summons on a
corporation may be effected by serving it on the secretary, local manager or other principle
officer of the corporation, or by letter sent by registered post, addressed to the chief officer of
the corporation in India, in which case the service shall be deemed to have been effected
when the letter would arrive in ordinary course of post.

27. Explanation.- In this section, "corporation" means an incorporated company or other body
corporate and includes a society registered under the Societies Registration Act, 1860.
64.Service when persons summoned cannot be found.- Where the person summoned
cannot, by the exercise of due diligence, be found, the summons may be served by leaving
one of the duplicates for him with s`Öe adult male member of his family residing with him,
and the person with whom the summons is so left shall, if so required by the serving officer,
sign a receipt therefor on the back of the other duplicate.
Explanation.- A servant is not a member of the family within the meaning of this section.
65.Procedure when service cannot be effected as before provided.- If service cannot by the
exercise of due diligence be effected as provided in section 62, section 63 or section 64, the
serving officer shall affix one of the duplicates of the summons to some conspicuous part of
the house or homestead in which the person summoned ordinarily resides; and thereupon
the Court, after making such inquiries as it thinks fit, may either declare that the summons
has been duly served or order fresh service in such manner as it considers proper.
66.Service on Government.- (1) Where the person summoned is in the active service of the
Government, the Court issuing the summons shall ordinarily sent it in duplicate to the head of
the office in which such person is employed; and such head shall thereupon cause the
summons to be served in the manner provided by section 62, and shall return it to the Court
under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
67.Service of summons outside local limits.-When a Court desires that a summons issued by
it shall be served at any place outside its local jurisdiction, it shall ordinarily send such
summons in duplicate to a Magistrate within whose local jurisdiction the person summoned
resides, or is, to be there served.
68.Proof of service in such cases and when serving officer not present.-(1) When a summons
issued by a Court is served outside its local jurisdiction, and in any case where the officer
who has served a summons is not present at the hearing of the case, an affidavit, purporting
to be made before a Magistrate, that such summons has been served, and a duplicate of the
summons purporting to be endorsed (in the manner provided by section 62 or section 64) by
the person to whom it was delivered or tendered or with whom it was left, shall be admissible

28. in evidence, and the statements made therein shall be deemed to be correct unless and until
the contrary is proved
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons
are returned to the Court.
69.Service of summons on witness by post.- (1) Notwithstanding anything contained in the
preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition
to and simultaneously with the issue of such summons, direct a copy of the summons to be
served by registered post addressed to the witness at the place where he ordinarily resides
or carries on business or personally works for gain.
(2) When an acknowledgment purporting to be signed by the witness or an endorsement
purporting to be made by a postal employee that the witness refused to take delivery of the
summons has been received, the Court issuing the summons may declare that the summons
has been duly served.
B.- Warrant of arrest
70.Form of warrant of arrest and duration.- (1) Every warrant of arrest issued by a Court
under this Code shall be in writing, signed by the presiding officer of such Court and shall
bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court, which issued it,
or until it is executed.
71.Power to direct security to be taken.- (1) Any Court issuing a warrant for the arrest of any
person may in its discretion direct by endorsement on the warrant that, if such person
executes a bond with sufficient sureties for his attendance before the Court at a specified
time and thereafter until otherwise directed by the Court, the officer to whom the warrant is
directed shall take such security and shall release such person from custody.
(2) The endorsement shall state-
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued, are be
respectively bound;

29. (c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed
shall forward the bond to the Court.
72.Warrants to whom directed.- (1) A warrant of arrest shall ordinarily be directed to one or
more police officers; but the Court issuing such a warrant may, if its immediate execution is
necessary and no police officer is immediately available, direct it to any other person or
persons, and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by
all, or by any one or more of them.
73.Warrant may be directed to any person.- (1) The Chief Judicial Magistrate or a Magistrate
of the first class may direct a warrant to any person within his local jurisdiction for the arrest
of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable
offence and is evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if
the person for whose arrest it was issued, is in, or enters on, any land or other property under
his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over
with the warrant to the nearest police officer, who shall cause him to be taken before a
Magistrate having jurisdiction in the case, unless security is taken under section 71.
74.Warrant directed to police officer.- A warrant directed to any police officer may also be
executed by any other police officer whose name is endorsed upon the warrant by the officer
to whom it is directed or endorsed.
75.Notification of substance of warrant.-The police officer or other person executing a warrant
of arrest shall notify the substance thereof to the person to be arrested, and, if so required,
shall show him the warrant.
76.Person arrested to be brought before Court without delay.- The police officer or other
person executing a warrant of arrest shall (subject to the provisions of section 71 as to
security) without unnecessary delay bring the person arrested before the Court before which
he is required by law to produce such personProvided that such delay shall not, in any case,

30. exceed twenty-four hours exclusive of the time necessary for the journey from the place of
arrest to the Magistrate's Court.
77.Where warrant may be executed.- A warrant of arrest may be executed at any place in
India.
78.Warrant forwarded for execution outside jurisdiction.- (1) When a warrant is to be
executed outside the local jurisdiction of the Court issuing it, such Court may, instead of
directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to
any Executive Magistrate or District Superintendent of Police or Commissioner of Police
within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate
or District Superintendent or Commissioner shall endorse his name thereon, and if
practicable, cause it to be executed in the manner herein before provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant,
the substance of the information against the person to be arrested together with such
documents, if any, as may be sufficient to enable the Court acting under section 81 to decide
whether bail should or should not be granted to the person.
79.Warrant directed to police officer for execution outside jurisdiction.- (1) When a warrant
directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing
the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a
police officer not below the rank of an officer in charge of a police station, within the local
limits of whose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement
shall be sufficient authority to the police officer to whom the warrant is directed to execute the
same, and the local police shall, if so required, assist such officer in executing such warrant.
(3)Whenever there is reason to believe that the delay occasioned by obtaining the
endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to
be executed will prevent such execution, the police officer to whom it is directed may execute
the same without such endorsement in any place beyond the local jurisdiction of the Court
which issued it.
80.Procedure on arrest of person against whom warrant issued.- When a warrant of arrest is
executed outside the district in which it was issued, the person arrested shall, unless the
Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer
than the Executive Magistrate or District Superintendent of Police or Commissioner of Police

31. within the local limits of whose jurisdiction the arrest was made, or unless security is taken
under section 71, be taken before such Magistrate or District Superintendent or
Commissioner.
81.Procedure by Magistrate before whom such person arrested is brought.- (1) The
Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if
the person arrested appears to be the person intended by the Court which issued the
warrant, direct his removal in custody to such Court:
Provided that, if the offence is bailable, and such person is already and willing to give bail to
the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction
has been endorsed under section 71 on the warrant and such person is ready and willing to
give the security required by such direction, the Magistrate, District Superintendent or
Commissioner shall take such bail or security, as the case may be, and forward the bond, to
the Court which issued the warrant: Provided further that if the offence is a non-bailable one,
it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or
the Sessions Judge, of the district in which the arrest is made on consideration of the
information and the documents referred to in sub-section (2) of section 78, to release such
person on bail.
(2) Nothing in this section shall be deemed to prevent a police officer from taking security
under section 71.
C. - Proclamation and attachment
82.Proclamation for person absconding.- (1) If any Court has reason to believe (whether after
taking evidence or not) that any person against whom a warrant has been issued by it has
absconded or is concealing himself so that such warrant cannot be executed, such Court
may public a written proclamation requiring him to appear at a specified place and at a
specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:-
(i) (a) it shall be publicly read in some conspicuous place of the town or
village in which such person ordinarily resides;
(c) it shall be affixed to some conspicuous part of the house or homestead in which such
person ordinarily resides or to some conspicuous place of such town or village;
(d) a copy thereof shall be affixed to some conspicuous part of the Court-house;

32. the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily
newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the
proclamation was duly published on a specified day, in the manner specified in clause (I) of
sub-section (2), shall be conclusive evidence that the requirements of this section have been
complied with, and that the proclamation was published on such day.
83.Attachment of property of person absconding.- (1) The Court issuing a proclamation under
section 82 may, for reasons to be recorded in writing, at any time after the issue of the
proclamation, order the attachment of any property, movable or immovable, or both,
belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by
affidavit or otherwise that the person in relation to whom the proclamation is to be issued, -
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction
of the Court, it may order the attachment simultaneously with the issue of the
proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within
the district in which it is made; and it shall authorise the attachment of any property belonging
to such person without such district when endorsed by the District Magistrate within whose
district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment
under this section shall be made-
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or
to any one on his behalf; on
(d) by all or any two of such methods, as the Court thinks fit.

33. (4) If the property ordered to be attached is immovable, the attachment under this section
shall, in the case of land paying revenue to the State Government, be made through the
Collector of the district in which the land is situate, and in all other cases-
(a) by taking possession; or
(c) by the appointment of a receiver; or
(d) by an order in writing prohibiting the payment of rent on delivery of property to
the proclaimed person or to any one on his behalf; or
(e) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached consists of live-stock or is of a perishable nature,
the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the
proceeds of the sale shall abide the order of the Court.
(5) The powers, duties and liabilities of a receiver appointed under this section shall be the
same as those of a receiver appointed under the Code of Civil Procedure, 1908(5 of
1908).
84.Claims and objections to attachment.- (1) If any claim is preferred to, or objection
made to the attachment of, any property attached under section 83, within six months
from the date of such attachment, by any person other than the proclaimed person, on
the ground that the claimant or objector has an interest in such property, and that such
interest is not liable to attachment under section 83, the claim or objection shall be
inquired into, and may be allowed or disallowed in whole or in part:Provided that any
claim preferred or objection made within the period allowed by this sub-section may, in
the event of the death of the claimant or objector, be continued by his legal
representative.
(2) Claims or objections under sub-section (1) may be preferred or made in the Court by
which the order of attachment is issued, or, if the claim or objection is in respect of property
attached under an order endorsed under sub-section (2) of section 83, in the Court of the
Chief Judicial Magistrate of the district in which the attachment is made
(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or
made:Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he
may make it over for disposal to any Magistrate subordinate to him.

34. (4) Any person whose claim or objection has been disallowed in whole or in part by an order
under sub-section (1) may, within a period of one year from the date of such order, institute a
suit to establish the right which he claims in respect of the property in dispute; but subject to
the result of such suit, if any, the order shall be conclusive.
85.Release, sale and restoration of attached property.-(1) If the proclaimed person appears
within the time specified in the proclamation, the Court shall make an order releasing the
property from the attachment.
(2) If the proclaimed person does not appear within the time specified in the proclamation, the
property under the attachment shall be at the disposal of the State Government; but it shall
not be sold until the expiration of six months from the date of the attachment and until any
claim preferred or objection made under section 84 has been disposed of under that section,
unless it is subject to speedy and natural decay, or the Court considers that the sale would be
for the benefit of the owner; in either of which cases the Court may cause it to be sold
whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is or has
been at the disposal of the State Government, under sub-section (2), appears voluntarily or is
apprehended and brought before the Court by whose order the property was attached, or the
Court to which such Court is subordinate, and proves to the satisfaction of such Court that he
did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and
that he had not such notice of the proclamation as to enable him to attend within the time
specified therein such property, or, if the same has been sold, the net proceeds of the sale,
or, if part only thereof has been sold, the net proceeds of the sale, and the residue of the
property, shall, after satisfying therefrom all costs incurred in consequence of the attachment,
be delivered to him.
86.Appeal from order rejecting application for restoration of attached property.- Any person
referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property
or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie
from the sentences of the first-mentioned Court.
D.- Other rules regarding processes
87.Issue of warrant in lieu of, or in addition to, summons.- A Court may, in any case in which
it is empowered by this Code to issue a summons for the appearance of any person, issue,
after recording its reasons in writing, a warrant for his arrest-

35. (a) if, either before the issue of such summons, or after the issue of the same but before the
time fixed for his appearance, the Court sees reason to believe that he has absconded or
will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in
time to admit of his appearing in accordance therewith and no reasonable excuse is
offered for such failure.
88.Power to take bond for appearance.- When any person for whose appearance or arrest
the officer presiding in any Court is empowered to issue a summons or warrant, is present in
such Court, such officer may require such person to execute a bond, with or without sureties,
for his appearance in such Court, or any other Court to which the case may be transferred for
trial.
89.Arrest on breach of bond for appearance.- When any person who is bound by any bond
taken under this Code to appear before a Court, does not appear, the officer presiding in
such Court may issue a warrant directing that such person be arrested and produced before
him.
90.Provisions of this Chapter generally applicable to summonses and warrants of arrest.- The
provisions contained in this Chapter relating to a summons and warrant, and their issue,
service and execution, shall, so far as may be, apply to every summons and every warrant of
arrest issued under this Code.
CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce
91.Summons to produce document or other thing.- (1) Whenever any Court or any officer in
charge of a police station considers that the production of any document or other thing is
necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding
under this Code by or before such Court or officer, such Court may issue a summons, or such
officer a written order, to the person in whose possession or power such document or thing is
believed to be, requiring him to attend and produce it, or to produce it, at the time and place
stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be
deemed to have complied with the requisition if he causes such document or thing to be
produced instead of attending personally to produce the same.

36. (3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872,(1 of 1872) or the
Bankers' Books Evidence Act, 1891,(13 of 1891) or
(b) to apply to a letter, postcard, telegram, or other document or any parcel or thing in the
custody of the postal or telegraph authority.
92.Procedure as to letters and telegrams.-(1) If any document, parcel or thing in the custody
of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial
Magistrate, Court of Session or High Court wanted for the purpose of any investigation,
inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the
postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to
such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether
Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police,
wanted for any such purpose, he may require the postal or telegraph authority, as the case
may be, to cause search to be made for and to detain such document, parcel or thing
pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section(
1).B.Search-warrants
93.When search warrant may be issued.- (1) (a) Where any Court has reason to believe that
a person to whom a summons or order under section 91 or a requisition under sub-section
(1) of section 92 has been, or might be, addressed, will not or would not produce the
document or thing as required by such summons or requisition, or
(b) where such document or thing is not known to the Court to be in the possession of any
person, or
(c) where the Court considers that the purposes of any inquiry, trial or other proceeding
under this Code will be served by a general search or inspection,
it may issue a search-warrant; and the person to whom such warrant is directed, may search
or inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to
which only the search or inspection shall extend; and the person charged with the execution
of such warrant shall then search or inspect only the place or part so specified.

37. (3) Nothing contained in this section shall authorise any Magistrate other than a District
Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or
other thing in the custody of the postal or telegraph authority.
94.Search of place suspected to contain stolen property forged documents etc.- (1) If a
'District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information
and after such inquiry as he thinks necessary, has reason to believe that any place is used
for the deposit or sale of stolen property, or for the deposit, sale or production of any
objectionable article to which this section applies, or that any such objectionable article is
deposited in any place, he may by warrant authorise any police officer above the rank of a
constable-
(a) to enter, with such assistance as may be required, such place,
(c) to search the same in the manner specified in the warrant,
(d) to take possession of any property or article therein found which he reasonably
suspects to be stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the
spot until the offender is taken before a Magistrate, or otherwise to dispose of it in
some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such
place who appears to have been privy to the deposit, sale or production of any such
property or article knowing or having reasonable cause to suspect it to be stolen
property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889,(1 of 1899) or
brought into India in contravention of any notification for the time being in force under
section 11 of the Customs Act, 1962(52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) (d) forged documents;
(e) (e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code(45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned
in clauses (a) to (f).

38. 95.Power to declare certain publications forfeited and to issue search-warrants for the same.-
(1) Where (a) any newspaper, or book, or (b) any document,
wherever printed, appears to the State Government to contain any matter the publication of
which is punishable under section 124A or section 153A or section 153B or section 292 or
section 293 or section 295A of the Indian Penal Code, the State Government may, by
notification, stating the grounds of its opinion, declare every copy of the issue of the
newspaper containing such matter, and every copy of such book or other document to be
forfeited to Government, and thereupon any police officer may seize the same wherever
found in India and any Magistrate may by warrant authorise any police officer not below the
rank of sub-inspector to enter upon and search for the same in any premises where any copy
of such issue or any such book or other document may be or may be reasonably suspected
to be.
(2) In this section and in section 96,
(a) "newspaper" and "book" have the same meaning as in the Press and Registration of
Books Act, 1867(25 of 1867);
(b) "document" includes any painting, drawing or photograph, or other visible
representation.
(3) No order passed or action taken under this section shall be called in question in any Court
otherwise than in accordance with the provisions of section 96.
96.Application to High Court to set aside declaration of forfeiture.- (1) Any person having any
interest in any newspaper, book or other document, in respect of which a declaration of
forfeiture has been made under section 95, may, within two months from the date of
publication in the Official Gazette of such declaration, apply to the High Court to set aside
such declaration on the ground that the issue of the newspaper, or the book or other
document, in respect of which the declaration was made, did not contain any such matter as
is referred to in sub-section (1) of section 95.
(2) Every such application shall, where the High Court consists of three or more Judges, be
heard and determined by a Special Bench of the High Court composed of three Judges and
where the High Court consists of less than three Judges, such Special Bench shall be
composed of all the Judges of that High Court.

39. (3) On the hearing of any such application with reference to any newspaper, any copy of such
newspaper may be given in evidence in aid of the proof of the nature or tendency of the
words, signs or visible representations contained in such newspaper, in respect of which the
declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or
other document, in respect of which the application has been made, contained any such
matter as is referred to in sub-section (1) of section 95, set aside the declaration of forfeiture.
(4) Where there is a difference of opinion among the Judges forming the Special
Bench, the decision shall be in accordance with the opinion of the majority of those
Judges.
97.Search for persons wrongfully confined.- If any District Magistrate, Sub-divisional
Magistrate or Magistrate of the first class has reason to believe that any person is
confined under such circumstances that the confinement amounts to an offence, he
may issue la search-warrant, and the person to whom such warrant is directed may
search for the person so confined; and such search shall be made in accordance
therewith, and the person, if found, shall be immediately taken before a Magistrate,
who shall make such order as in the circumstances of the case seems proper.
98.Power to compel restoration of abducted females.- Upon complaint made on oath of
the abduction or unlawful detention of a woman, or a female child under the age of
eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate
or Magistrate of the first class may make an order for the immediate restoration of such
woman to her liberty, or of such female child to her husband, present, guardian or other
person having the lawful charge of such child, and may compel compliance with such
order, using such force as may be necessary.
C.General provisions relating to searches
99.Direction, etc., of search-warrants.- The provisions of sections 38, 70, 72, 74, 77, 78
and 79 shall, so far as may be, apply to all search-warrants issued under section 93,
section 94, section 95 or section 97.
100.Persons in charge of closed place to allow search.- (1) Whenever any place liable to
search or inspection under this Chapter is closed, any person residing in, or being in
charge of, such place, shall, on demand of the officer or other person executing the

40. warrant, and on production of the warrant, allow his free ingress thereto, and afford all
reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing
the warrant may proceed in the manner provided by sub-section (2) of section 47.
(3) Where any person in or about such place is reasonably suspected of concealing
about his person any article for which search should be made, such person may be
searched and if such person is a woman, the search shall be made by another woman
with strict regard to decency.
(4) Before making a search under this Chapter, the officer or other person about to make
it shall call upon two or more independent and respectable inhabitants of the locality in
which the place to be searched is situate or of any other locality if no such inhabitant of
the said locality is available or is willing to be a witness to the search, to attend and
witness the search and may issue an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the
course of such search and of the places in which they are respectively found shall be
prepared by such officer or other person and signed by such witnesses; but no person
witnessing a search under this section shall be required to attend the Court as a witness
of the search unless specially summoned by it.
(5) The occupant of the place searched, or some person in his behalf, shall, in every
instance, be permitted to attend during the search, and a copy of the list prepared
under this section, signed by the said witnesses, shall be delivered to such
occupant or person.
(7) When any person is searched under sub-section (3), a list of all things taken
possession of shall be prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness
a search under this section, when called upon to do so by an order in writing delivered or
tendered to him, shall be deemed to have committed an offence under section 187 of the
Indian Penal Code (45 of 1860).

41. 101.Disposal of things found in search beyond jurisdiction.-When, in the execution of a
search-warrant at any place beyond the local jurisdiction of the Court which issued the
same, any of the things for which search is made, are found, such things, together with
the list of the same prepared under the provisions hereinafter contained, shall be
immediately taken before the Court issuing the warrant, unless such place is nearer to
the Magistrate having jurisdiction therein than to such Court, in which case the list and
things shall be immediately taken before such Magistrate; and, unless there be good
cause to the contrary, such Magistrate shall make an order authorising them to be taken
to such Court.
D.- Miscellaneous
102.Power of police officer to seize certain property.- (1) Any police officer may seize any
property which may be alleged or suspected to have been stolen, or which may be found
under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall
forthwith report the seizure to that officer.
103.Magistrate may direct search in his presence.- Any Magistrate may direct a search to
be made in his presence of any place for the search of which he is competent to issue a
search-warrant.
104.Power to impound document, etc., produced.- Any Court may, if it thinks fit, impound
any document or thing produced before it under this Code.
105.Reciprocal arrangements regarding processes.- (1) Where a Court in the territories
to which this Code extends (hereafter in this section referred to as the said territories)
desires that –
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or
other thing, or to produce it, or
(d) a search-warrant, issued by it shall be served or executed at any place within the
local jurisdiction of a Court in any State or area in India outside the said
territories, it may send such summons or warrant in duplicate by post or
otherwise, to the presiding officer of that Court to be served or executed; and
where any summons referred to in clause (a) or clause (c) has been so served,

42. the provisions of section 68 shall apply in relation to such summons as if the
presiding officer of the Court to whom it is sent were a Magistrate in the said
territories.
(2) Where a Court in the said territories has received for service or execution-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or
other thing or to produce it, or
(d) a search-warrant, issued by a Court in any State or area in India outside the said
territories, it shall cause the same to be served or executed as if it were a
summons or warrant received by it from another Court in the said territories for
service or execution within its local jurisdiction: and where-a.
a warrant of arrest has been executed, the person arrested shall, so far as
possible, be dealt with in accordance with the procedure prescribed by sections
80 and 81.
a. a search-warrant has been executed, the things found in the search shall, so far
as possible, be dealt with in accordance with the procedure prescribed by section
101.CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
106.Security for keeping the peace on conviction.- (1) When a Court of Session or Court of a
Magistrate of the first class convicts a person of any of the offences specified in sub-section
(2) or of abetting any such offence and is of opinion that it is necessary to take security from
such person for keeping the peace, the Court may, at the time of passing sentence on such
person, order him to execute a bond, with or without sureties, for keeping the peace for such
period, not exceeding three years, as it thinks fit.(2) The offences referred to in sub-section
(1) are-
(a) any offence punishable under Chapter VIII of the Indian Penal Code, (45 of 1860)
other than an offence punishable under section 153A or section 153B or section 154 thereof;
(b) any offence which consists of, or includes, assault or using criminal force or committing
mischief;

43. (c) any offence of criminal intimidation;
(e) any other offence which caused, or was intended or known to be likely to cause,
abreach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall
become void.
(4) An order under this section may also be made by an Appellate Court or by a
Court when exercising its powers of revision.
107.Security for keeping the peace in other cases.- (1) When an Executive
Magistrate receives information that any person is likely to commit a breach of the
peace or disturb the public tranquillity or to do any wrongful act that may probably
occasion a breach of the peace or disturb the public tranquillity and is of opinion that
there is sufficient ground for proceeding, he may, in the manner hereinafter provided,
require such person to show cause why he should not be ordered to execute a bond,
for keeping the peace for such period, not exceeding one year, as the Magistrate
thinks fit.
(2) Proceeding under this section may be taken before any Executive Magistrate
when either the place where the breach of the peace or disturbance is apprehended
is within his local jurisdiction or there is within such jurisdiction a person who is likely
to commit a breach of the peace or disturb the public tranquillity or to do any wrongful
act as aforesaid beyond such jurisdiction.
108.Security for good behaviour from persons disseminating seditious matters.- (1)
When a Judicial Magistrate of the first class receives information that there is within
his local jurisdiction any person who, within or without such jurisdiction, -
(h) either orally or in writing or in any other manner, intentionally disseminates or attempts to
disseminate or abets the dissemination of,
(a) any matter the publication of which is punishable under section 124A or section 153A or
section 153B or section 295A of the Indian Penal Code, (45 of 1860) or

44. (b) any matter concerning a Judge acting or purporting to act in the discharge of his official
duties which amounts to criminal intimidation or defamation under the Indian Penal Code,
(45 of 1860).
(ii)makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire,
distributes, publicly exhibits or in any other manner puts into circulation any obscene matter
such as is referred to in section 292 of the Indian Penal Code, (45 of 1860)
(ii) and the Magistrate is of opinion that there is sufficient ground for proceeding, the
Magistrate may, in the manner hereinafter provided, require such person to show cause why
he should not be ordered to execute a bond, with or without sureties, for his good behaviour
for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or
publisher of any publication registered under, and edited, printed and published in conformity
with, the rules laid down in the Press and Registration of Books Act, 1867, (25 of 1867) with
reference to any matter contained in such publication except by the order or under the
authority of the State Government or some officer empowered by the State Government in
this behalf.
109.Security for good behaviour from suspected persons.- When a Judicial Magistrate of the
first class receives information that there is within his local jurisdiction a person taking
precautions to conceal his presence and that there is reason to believe that he is doing so
with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter
provided, require such person to show cause why he should no the ordered to execute a
bond, with or without sureties, for his good behaviour for such period, not exceeding one
year, as the Magistrate thinks fit.
110.Security for good behaviour from habitual offenders.- When a Judicial Magistrate of the
first class receives information that there is within his local jurisdiction a person who –
(a) is by habit a robber, house-breaker, thief, or forger, or
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen
property, or
(d) habitually commits, or attempts to commit, or abets the commission of, the offence of
kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under
Chapter XII of the Indian Penal Code, (45 of 1860) or under section 489A, section 489B,
section 489C or section 489D of that Code, or

45. (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving
a breach of the peace, or
(e) habitually commits, or attempts to commit, or abets the commission of –
(i) any offence under one or more of the following Acts, namely:-
(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);
b) the Foreign Exchange Regulation Act, 1973 (7 of 1973);
(c) the Employees' Provident Funds and Family Pension Fund Act, 1952 (19 of 1952);
(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);
(e) the Essential Commodities Act, 1955(10 of 1955);
(f) the Untouchability (Offences ) Act, 1955 (22 of 1955);
(g) the Customs Act, 1962 (52 of 1962); or
(ii) any offence punishable under any other law providing for the prevention of hoarding or
profiteering or of adulteration of food or drugs or of corruption, or
(f) is so desperate and dangerous as to render his being at large without security hazardous
to the community,such Magistrate may, in the manner hereinafter provided, require such
person to show cause why he should not be ordered to execute a bond, with sureties, for
his good behaviour for such period, not exceeding three years, as the Magistrate thinks
fit.
111.Order to be made.- When a Magistrate acting under section 107, section 108, section
109 or section 110, deems it necessary to require any person to show cause under such
section, he shall make an order in writing, setting forth the substance of the information
received, the amount of the bond to be executed, the term for which it is to be in force, and
the number, character and class of sureties (if any) required.
112.Procedure in respect of person in Court.- If the person in respect of whom such order is
made is present in Court, it shall be read over to him, or, if he so desires, the substance
thereof shall be explained to him.